Setting up a trust while you are living is an excellent way of providing for your loved ones both while you are living and after you pass away. Trusts (both revocable or irrevocable) typically distribute funds or property to beneficiaries in a controlled manner such as when the beneficiaries reach a certain age, get married, complete college or any stipulation you want to place on the trust. Your named trustee is responsible for managing your estate and fulfilling the terms of the trust.
Unfortunately, trusts can fall under the same scrutiny as wills in regard to how your beneficiaries (or those left out of the trust) view your distributions. Just like wills are often contested, trusts can be contested as well.
There are certain situations where a person who has proper standing (is in some way eligible to inherit part of the estate but is not named in the trust) may contest the trust document:
- They believe the person who set up the trust was of unsound mind or was suffering from mental illness
- They believe the person who set up the trust was influenced by other individuals to include individuals in their trust and were not the settlor’s actual wishes
- The document was not properly drafted, contains unclear details or appears to be forged
In order to contest a trust, you must file a lawsuit with the probate court and provide your legal case as to why you feel the trust is not valid. This can become a confusing, lengthy and even expensive process. Hiring an estate attorney who has extensive experience with probate litigation is the best course of action.
The Denver probate litigation lawyers at Brown & Crona, LLC, (formerly The Brown Law Firm, LLC) can help you understand this complicated process and advise you if you have a good chance of successfully contesting a trust in Denver. To learn more, please contact us at (303) 339-3750 or send us a message online.